Australian Anti-Discrimination Law
By: Neil Rees, Simon Rice, Dominique Allen
This new edition of Australia's most comprehensive book on anti-discrimination law has been fully revised and updated, re-written and reformatted to enhance its accessibility. It continues to offer both a substantial text for a specialist audience, and a powerful critique of anti-discrimination law in Australia. The authors support their analysis and explanation of legislation and case law with carefully selected extracts from a broad range of decisions, law reform reports, and academic writers and commentators."[T]his encyclopaedic work is simply indispensable. The authors are acknowledged experts and seasoned campaigners, and their lucid exposition is enriched by extensive quotation from the work of other expert commentators. The coverage is breathtaking in its scope and depth, the attention to detail astonishing. To identify the differences between State, Territory and Commonwealth provisions, topic by topic, is a work of herculean proportions, requiring meticulous care." - The Hon Justice Chris Maxwell AC (from the foreword)Key Features of the New EditionRevised introduction to and overview of Australian anti-discrimination law.New standalone chapters for Protected Attributes: Race Discrimination, Sex Discrimination, Disability Discrimination, Age Discrimination, Carers' Responsibilities and Other Protected Attributes.Detailed account of legislative reform and developments in case law, in all nine jurisdictions, up to late 2017.An account of changed complaints procedures under the Australian Human Rights Commission Act, and of the case law and public debate that triggered the changes.Comprehensive analysis of the operation of special measures provisions in all of the anti-discrimination statutes.Integrated discussion of the exceptions to the prohibition of discrimination for each attribute and in each area.
AI Overview
The book "Australian Anti-Discrimination Law" by Neil Rees, Simon Rice, and Dominique Allen is a comprehensive resource on the legal framework and practices related to anti-discrimination in Australia. Here is a detailed overview of the book:
Key Themes
Conceptual and Social Context:
- The book provides an introduction to the conceptual and social context of Australian anti-discrimination law, emphasizing the importance of understanding the theoretical and social underpinnings of this area of law.
Historical Development:
- It reviews the development of anti-discrimination law in Australia over time, including successful and failed reform efforts. This historical perspective helps in understanding the evolution of the legal framework.
Legal Framework:
- The book delves into the major frameworks of the law, including which personal attributes attract legal protection, what conduct the law prohibits, and who owes duties not to breach the law. It also examines the areas of activity in which those protections apply and the legal procedures and remedies available for breaches of the law.
Promoting Equality:
- It discusses additional avenues for promoting equality, such as rights under workplace law (the Fair Work Act), data reporting requirements under the Workplace Gender Equality Act 2012 (Cth), and human rights laws in the Australian Capital Territory (ACT) and Victoria.
Protected Attributes:
- The book includes detailed chapters on protected attributes such as race discrimination, sex discrimination, disability discrimination, age discrimination, and carers' responsibilities. These chapters provide a comprehensive analysis of legislative reforms and case law developments up to late 2017.
Legislative Reform and Case Law:
- It offers a detailed account of legislative reform and developments in case law across all nine jurisdictions in Australia. This includes an analysis of changed complaints procedures under the Australian Human Rights Commission Act and the public debate that triggered these changes.
Special Measures Provisions:
- The book provides a comprehensive analysis of the operation of special measures provisions in all anti-discrimination statutes. It also integrates discussions on exceptions to the prohibition of discrimination for each attribute and in each area.
Plot Summary
The book is structured to provide a clear and accessible introduction to Australian anti-discrimination law. It is divided into sections that address the social and conceptual context, history, and framework of anti-discrimination laws. The second part of the book analyzes the main elements of the law, including protected attributes, prohibited conduct, and legal procedures for redress. The third part discusses additional avenues for promoting equality and addressing discrimination in various contexts.
Critical Reception
While specific reviews of this particular edition are not readily available, the book series by Neil Rees and Simon Rice has been well-received for its comprehensive coverage of anti-discrimination law in Australia. The third edition of "Australian Anti-Discrimination and Equal Opportunity Law" by Neil Rees has been praised for its revised introduction and new standalone chapters on protected attributes, making it a valuable resource for both specialists and students of the field.
In summary, "Australian Anti-Discrimination Law" by Neil Rees, Simon Rice, and Dominique Allen is a thorough and insightful resource that provides a detailed examination of the legal framework and practices related to anti-discrimination in Australia. Its comprehensive coverage of historical development, legal frameworks, and protected attributes makes it an essential text for understanding and navigating this complex area of law.